Malti vs Dharam Raj Singh - 2023 Supreme(All) 2319

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2319

K. J. THAKER
Malti – Appellant
Versus
Dharam Raj Singh – Respondent

Advocates appeared:
For the Appellant : Piyush Misra, Vineet Kumar Singh.

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

By way of this appeal, the appellants have challenged the judgment and decree dated 20.1.1997 and 11.2.1997 passed by Motor Accident Claims Tribunal / 1st Additional District Judge, Mau (hereinafter referred to as 'Tribunal') in M.A.C.P. No.33 of 1992 (Malti and others v. Dharam Raj Singh and another) awarding sum of Rs.86,400/- as compensation to the claimants/appellants with interest at the rate of 9% per annum from the date of filing the claim petition till the amount is deposited.

2. Heard Mr.Vineet Kumar Singh, learned counsel for the appellants and Shri Anubhav Sinha, learned counsel for the Insurance Company.

3. The brief facts of the case are that claimants-appellants filed a Motor Accident Claim Petition before the Tribunal for claiming the compensation under MOTOR VEHICLES ACT , 1988 for the death of Narsingh Nishad in a road accident with the averments that on 25.03.1992, deceased was going to Mau on bicycle as a pillion rider, a bus bearing No. UP-65/9990 hit the deceased. In this accident, deceased sustained very serious injuries and died in the hospital at Dohri Ghat. The Tribunal considered the income of the deceased as Rs.1,20